Ordered Liberty: A Constitutional History of New York

binding on courts, they are entitled to due consideration. Moreover, a
vast number of disputes are resolved by these opinions without their
ever reaching the judiciary. The state attorney general is the major
source of advisory opinions on the constitution. In some areas, such
as conservation (Art. XIV), these opinions have played as great, if not
greater, role than the courts in determining what types of actions are
constitutionally permissible. The function of these opinions is to narrow the gap between state practice and constitutional requirements. In
the areas of conservation and gambling, for example, the prime source
of guidance for the state and its localities has been the opinions of the
attorney general. Since these areas are seldom litigated, the attorney
general's opinions help to insure that state practice bears a reasonable
relationship to the requirements of the constitution.

Robert Connery and
Gerald Benjamin, Rockefeller of New York,
pp. 19-20. That position gave Rockefeller visability and familiarity with New
York government and politics, both of which would be important factors in
his successful run for the governorship in 1958.

Annual Message to the Legislature, Legislative Annual, 1957, p. 408.
More recently Governor Mario Cuomo, in his message to the legislature, January 1991, proposed a "limited legislative initiative" which would require
legislative action on the petition. This measure would not apply to constitutional amendments, but would require an amendment to Article XIX, Sec. 1.
Reflecting the antipathy toward such "populist measures" the Committee on
State Constitution of the New York Bar Association opposed the measure. New
York State Bar Association, Legislation Report 1991 No. 124, May 31, 1991.

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